Lot Size Regulation for Private Waste Water Disposal Systems

The Lake Cumberland District Health Department has adopted an ordinance to regulate the size of lots that a private waste water disposal system may be constructed upon.

A regulation for the Lake Cumberland District Board of Health relating to the planning and developing of tracts of land into subdivisions or lots for the construction of homes or buildings intended for human habitation and imposing certain restrictions thereon for the purpose of protecting the public health.

AUTHORITY: This regulation is adopted and issued pursuant to the authority of Section 212.230. (1) (c) of the Kentucky Revised Statutes.

BE IT RESOLVED BY THE LAKE CUMBERLAND DISTRICT BOARD OF HEALTH

Section 1. Individual Lot Submission. Lots created, sectioned or platted off after January 1, 2007 shall be effected by this regulation. Lots intended for construction of a home or a building for human habitation shall be a minimum of 22,000 square feet. Approval of the proposed lot(s) shall be dependent upon meeting the conditions specified in Section 4 subsection A or all the conditions specified in Section 4 subsections B, C, D and E. The purpose of the minimum square footage requirement is to protect public health.

Section 2. Building Plans Submission. The construction of any home or building intended for human habitation shall have a detailed floor plan, signed by the owner, builder, or developer to accompany the site application. This floor plan is to include the location of the following: bedroom(s), laundry room(s), kitchen(s) and bath(s). Floor plan shall be required at time of site application.

Section 3. Definition of a Subdivision. As used in this regulation, the term “Subdivision” means an area of land subdivided or intended to be subdivided, on and after the effective day of this regulation, into not less than three (3) lots which are intended to be used for the construction of houses or buildings for human habitation.

Section 4. Submission for Subdivision Plats. No person, firm, or corporation shall develop any tract of land as a subdivision within the Lake Cumberland District without first having obtained the approval of the Lake Cumberland District Health Department. Approval under this section will be dependent upon the proposed subdivision meeting either the conditions specified in subsection A or all the conditions specified in subsections B, C, D and E.

A. The entire subdivision/lot will be serviced from the date of first occupancy by an approved municipal or central sewerage collection system and sewage plant and approved public water supply.

B. The characteristics of each individual lot must be such that it will accommodate a subsurface sewage disposal system. This entails a minimum lot size of 22,000 square feet of ‘suitable’ or ‘provisionally suitable’ area as interpreted by the Kentucky On-Site Sewage Disposal Systems Regulation 902 KAR 10:085.

C. Individual lots must, to best judgment of the inspecting environmentalist, qualify for a subsurface sewage disposal system permit in compliance with the State Regulation. Any lots which obviously will not meet the required standards will be eliminated from the proposal before the remaining lots will be permitted as a subdivision.

D. Whenever the environmentalist’s ruling is in question, the burden of proof rests with the subdivider who may proceed to prove soil quality by obtaining soil evaluations.

E. The subdivision plat (together with a topographical map) is submitted in duplicate to the respective health centers of the Lake Cumberland District Health Department.

Section 5. Availability of Public Sewage Systems. In the event a public sewage system becomes available, connections shall be made and private sewage systems shall be prohibited.

Section 6. Public Water Safety.

A. In the event a public water supply is available, connections shall be made.

B. Any building or structure shall not have a water meter installed without first obtaining a plumbing permit issued by the Department of Housing, Building, and Construction through a duly authorized plumbing inspector.

Section 7. Upon petition by an applicant and where there is evidence that undue hardship will result from the enforcement of this regulation, the Lake Cumberland District Board of Health, District Director, or his designee may grant a variance to the applicant provided that no such variance will result in a public health nuisance.

Section 8. Penalty. Any person who violates any provision of this regulation shall be fined not less than ten ($10) dollars nor more than one hundred ($100) dollars for each day the violation continues as provided by KRS 212.990.

Section 9. Partial Invalidity, Effect of. If any word, clause, section or paragraph of this regulation shall be declared invalid, the invalidity of any such word, clause, section or paragraph shall not affect the validity of any of the remaining provisions.

Section 10. Repeals. All regulations or parts of regulations of the Lake Cumberland District Board of Health in conflict herewith are to the extent of such conflict hereby repealed.

The effective date of this regulation shall be January 1, 2007.
Approved and adopted by the Lake Cumberland District Board of Health this 14th day of November, 2006.